Occupy Boston protesters Andrea Hill, Ashley Brewer, Brianne Milder, Tammi Arford and Kerry McDonald — several of whom camped out in the square — “would like to have their day in court to show that they are innocent,” Feuer added.

Summerville asked if the protesters knew the potential risks.

“Do they know there is a possibility that there could be a conviction on their criminal history for the rest of their lives?” he asked.

“They know that, your honor,” defense lawyer Andrew M. Fischer replied. If convicted, each defendant could face up to a year in jail.

Hill, Milder, Arford and McDonald were before Summerville yesterday seeking to have their trespassing and unlawful assembly charges dismissed. Brewer did not attend.

The women are among 140 people arrested Oct. 14, 2011, after a group from the sprawling tent city tried to expand into an adjacent park. Because that park is closed between 11 p.m. and 7 a.m., the city says, police arrested the occupiers who were on that second parcel.

“Members of the Occupy movement moved into a separate parcel of land, and only those individuals who moved into the second parcel of land are before the court,” Suffolk prosecutor Susan Terrey told Summerville.

Charges against most of the arrested protesters were dismissed shortly after the incident when they agreed to pay up to $75 in court costs.

But Hill, Milder, Brewer, Arford, McDonald and 19 others continue to fight the charges, and say the arrests violated their constitutional right to free assembly.

Summerville said he’ll consider their dismissal motion when he weighs the facts at the Feb. 11 trial.

“A lot of fact-based issues ... are going to have to be resolved,” he said.